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· 5/1/2009

State v. Spotts

Citations

  • 206 P.3d 510
  • 288 Kan. 650
  • 2009 Kan. LEXIS 91

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • listing three recognized exceptions to the general rule prohibiting first-time consideration of issues on appeal
  • finding district court did not abuse its discretion in denying departure where defendant had no prior sexually motivated convictions, took responsibility for his actions and showed remorse, and was taking antidepressants and sleep aids when the offenses occurred
  • upholding district court's denial of a departure motion although defendant had no prior sexually motivated crimes, he took responsibility for his action, plea saved victim from testifying at trial, and sexual actions were not committed by force or threat
  • constitutional challenge to Jessica's Law not properly before this court when raised for first time on appeal
  • constitutional challenge to Jessica’s Law not properly before this court when raised for first time on appeal
  • no error in denying departure motion based on five mitigating circumstances, including no history of sexually motivated crimes, due to weight of aggravating circumstances

Source: CourtListener parenthetical corpus (CC0).

Judges: Biles

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.